Florida District Courts of Appeal, 1984

Carrin v. State

Carrin v. State
Florida District Courts of Appeal · Decided November 16, 1984 · Nimmons, Shivers, Wentworth
459 So. 2d 430; 9 Fla. L. Weekly 2413; 1984 Fla. App. LEXIS 16600 (Southern Reporter, Second Series)

Carrin v. State

Opinion of the Court

WENTWORTH, Judge.

Appellant seeks review of the denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. The motion was filed in the lower court during the penden-cy of appellant’s direct appeal; in such circumstances the lower court is without jurisdiction to grant post-conviction relief and such a motion is therefore properly denied. See Hurst v. State, 379 So.2d 434 (Fla. 1st DCA 1980). Should appellant desire to pursue such relief during the pend-ency of a direct appeal a request may be filed in the appellate court to temporarily relinquish jurisdiction for the lower court to consider a Rule 3.850 motion.

The order appealed is affirmed without prejudice to appellant’s ability to present the issues raised in a proper Fla.R.Crim.P. 3.850 motion.

SHIVERS and NIMMONS, JJ., concur.

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